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Ross Day, Attorney at Law, Tigard (This information furnished by Ross A. Day, Attorney at Law.) This space purchased for $500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition ISSUE: WHY MEASURE 49 WILL MAKE YOU PAY THE GOVERNMENT TO GET YOUR RIGHTS BACK Supporters of Measure 49 are making claims about Measure 49 that are simply false. But here is something the Supporters of Measure 49 are not telling you. Under Measure 49, you are no longer able to recover your attorney fees. What is worse, under Measure 49, you may have to pay for the government’s attorney fees and appraisals. Read the text of Measure 49 and decide for yourself: Section 4 of Measure 49 repeals your right to recover your attorney fees. Section 8.(5) of Measure 49 allows the government to collect the “actual and reasonable cost of the review [of your claim]”. Section 13.(3) of Measure allows the government to “impose a fee for review of a claim filed under [Measure 49] in an amount not to exceed the actual and reasonable cost of reviewing the claim.” Under Measure 49, not only do you lose your right to recover attorney fees, but the government can actually charge you for the cost of reviewing your claim – which will include, undoubtedly, the cost of having the government’s lawyers review your claim. Also, under Measure 49, the government will be able to charge you for other costs like land use planners and the government’s own appraisal. The government’s appraisals alone will cost thousands of dollars that the government can make you pay for under Measure 49 before you can get your right to do anything on your property. When you take the time to read Measure 49, you realize that Measure 49 simply doesn’t work. Please vote NO on Measure 49 Eric Winters, Attorney at Law, Wilsonville (This information furnished by Eric C. Winters, Attorney at Law.) This space purchased for $500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition ISSUE: WHY THE GOVERNMENT WILL NEVER PAY YOU COMPENSATION FOR TAKING YOUR PROPERTY Supporters of Measure 49 are making claims about Measure 49 that are simply false. Supporters of Measure 49 claim that it entitles you to compensation when government takes your property, if you can prove the value of what they’ve taken. The problem is that Measure 49 creates a formula that makes it impossible to prove how much the government has taken from you. Read the text of Measure 49 and decide for yourself: Section 7.(6) says: “The reduction in the fair market value of the property caused by the enactment of one or more land use regulations that were the basis for the claim is equal to the decrease, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after enactment, plus interest;” and, “Interest shall be computed under this subsection using the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period.” This formula won’t work because one-year Treasury Bills haven’t been sold since 2001.Second, by limiting the amount of decrease to a single year after its adoption the market won’t have adjusted to reflect the regulation’s long term impact. Under Measure 49 your loss is limited to one year’s decrease in value, even if you have owned the property for 30 years. But even that won’t work because you can’t calculate your loss. In plain English, you get nothing. When you take the time to read Measure 49, you realize that Measure 49 simply is not as advertised. Vote NO on 49 Sean Smith, Attorney at Law, Cottage Grove (This information furnished by Sean Smith, Attorney at Law.) This space purchased for $500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition ISSUE: MAKING PROPERTY OWNERS RE-FILE THEIR MEASURE 37 APPLICATIONS Supporters of Measure 49 are making claims about Measure 49 that are simply false. Supporters of Measure 49 claim that current Measure 37 claimants will not have to re-file applications under Measure 49. Read the text of Measure 49 and decide for yourself: Section 8.(2)(b) of Measure 49 requires the Department of Land Conservation and Development to identify the information that a property owner has to file under Measure 49. Section 8.(3) of Measure 49 explains that a property owner must file the form requirement by the Department of Land Conservation and Development, along with any information required by the form. But the worst part is this. Not only do you have to re-file your claim, but Measure 49 significantly changes the rules that you must meet, meaning many Measure 37 claimants will lose their claim. By requiring new information, and new filings, Measure 49 puts at risk the investments of thousands of Oregonians who have done nothing more than follow the law and played by the rules. Despite what supporters of Measure 49 are claiming, the fact is that Oregonians are going to have to go through an application process yet again if Measure 49 passes. When you take the time to read Measure 49, you realize that Measure 49 simply doesn’t work. Measure 49 Arguments Official 2007 November Special Election Voters’ Pamphlet 61 | State Measures continued September 24, 2018, Meeting - Item 3